NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER (THE “PROVISION”) THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH SHOPPING FOR FUNDS. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Shopping For Funds may terminate these Terms and your use of the Site without notice if Shopping For Funds, in its sole discretion, believes that you are either (i) between the ages of 13 and 18 and using the Site and its services without the permission of your parent or (ii) under the age of 13.
1. General Use Restrictions.
Shopping For Funds provides content through this Site. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics and images (together, the “Materials”) that are not Submissions (as defined below) are provided to you by Shopping For Funds and are the copyrighted and/or trademarked works of Shopping For Funds or Shopping For Funds' contributors.
Shopping For Funds grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials and this Site solely for your personal use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner.
This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of these limited licenses, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Materials.
2. Using the Site and the Services on the Site.
You need not register with Shopping For Funds to simply visit and view the homepage of the Site. However, in order to access certain password-restricted areas of the Site (such as your account information and transaction history) and to use certain services and Materials offered on and through the Site (collectively, the “Restricted Content”), you must (i) have a Facebook account or other third party website account identified by Shopping For Funds (a “Required Third Party Account”) that enables you to login to the Site, or, (ii) if such feature is enabled on the Site by Shopping For Funds in its sole discretion, register for and create an account with Shopping For Funds (a “Shopping For Funds Account”). You may access the Restricted Content by logging into your Required Third Party Account using your existing account and log-in credentials for such Required Third Party Account, or, if such feature is enabled by Shopping For Funds in its sole discretion, by logging into your Shopping For Funds Account.
3. Password Restricted Areas of this Site.
If you desire to register with Shopping For Funds, you must (i) have a Required Third Party Account and log into such Required Third Party Account using your existing account and log-in credentials for such Required Third Party Account, or (ii) if such feature is enabled by Shopping For Funds in its sole discretion, create a Shopping For Funds Account. Once logged in to the Required Third Party Account, or during the process for creating your Shopping For Funds Account, if such feature is enabled by Shopping For Funds in its sole discretion, you will be required to submit the following information: first name, last name, email. You may also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Shopping For Funds in providing you with more and more customized experience when using the Site or its services. Once you have submitted your account registration information, (y) if you are registering with Shopping For Funds through a Required Third Party Account, you will be granted access to the Site, or, (z) if you are registering with Shopping For Funds by creating a Shopping For Funds Account, if such feature is enabled by Shopping For Funds in its sole discretion, you will obtain a password to be used to access the Site (a “Shopping For Funds Password”), and may be sent an e-mail validating your account registration.
You are responsible for maintaining the confidentiality of your Shopping For Funds Password and any Third Party Site password, including the passwords for any Required Third Party Account, (collectively, “Passwords”), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let anyone else access your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify Shopping For Funds if any of your Passwords is lost, stolen or disclosed to an unauthorized third party, if there is any unauthorized use of your Passwords on this Site or if you know of any other breach of security in relation to this Site.
By using this Site, you represent and warrant that all the information that you provide when registering for an account and otherwise through the Site is accurate, complete and up to date. You may change, correct or remove any information from your account by either logging into your account directly and making the desired changes or contacting Shopping For Funds using the contact information at the end of these Terms requesting that we make the change.
4. Electronic Communications.
By using the Site and/or the services provided on or through the Site, you consent to receiving electronic communications from Shopping For Funds. These electronic communications may include notices about transactional information and other information concerning or related to the Site and/or services provided on or through the Site. These electronic communications are part of your relationship with Shopping For Funds. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
6. Third Party Content.
Certain information and other content may be provided by third party licensors and suppliers to Shopping For Funds (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. SHOPPING FOR FUNDS DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
7. Links to Third Party Sites.
8. Unauthorized Activities.
When using this Site and/or the services, you agree not to, without limitation:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Site.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
This list of prohibitions provides examples and is not complete or exclusive. Shopping For Funds reserves the right to terminate your access to your account, your ability to use to this Site. Shopping For Funds may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Shopping For Funds' discretion, Shopping For Funds will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations.
You agree to indemnify and hold Shopping For Funds and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Shopping For Funds or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
9. Proprietary Rights.
Shopping For Funds is a trademark of Shopping For Funds in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Shopping For Funds, Copyright © 2015 Shopping For Funds, LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
10. Disclaimer of Warranties.
Your use of this Site is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by Shopping For Funds, and they may include inaccuracies or typographical or other errors. Shopping For Funds does not warrant the accuracy or timeliness of the Materials, Submissions or the Third Party Content contained on this Site. Shopping For Funds has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by Shopping For Funds or our licensors.
SHOPPING FOR FUNDS, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, SUBMISSIONS OR THE THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, MATERIALS, THE THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SHOPPING FOR FUNDS DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
11. Limitation of Liability.
SHOPPING FOR FUNDS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT TO OR FROM THIS SITE. IN NO EVENT SHALL SHOPPING FOR FUNDS BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF SHOPPING FOR FUNDS KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
12. Local Laws; Export Control.
Shopping For Funds controls and operates this Site from its headquarters in the United States of America and the Materials and/or the Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Shopping For Funds, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Shopping For Funds is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Shopping For Funds is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
14. Dispute Resolution And Arbitration; Class Action Waiver.
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at email@example.com. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and Shopping For Funds. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and Shopping For Funds shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “Shopping For Funds” means Shopping For Funds and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Shopping For Funds regarding any aspect of your relationship with Shopping For Funds, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Shopping For Funds' licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give Shopping For Funds an opportunity to resolve the Dispute. You must commence this process by e-mailing written notification to Shopping For Funds, firstname.lastname@example.org
. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Shopping For Funds does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or Shopping For Funds may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by e-mailing written notification to Shopping For Funds, email@example.com
. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Shopping For Funds through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Shopping For Funds. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Shopping For Funds may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or Shopping For Funds may initiate arbitration in either Ventura County, California or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, Shopping For Funds may transfer the arbitration to Ventura County, California in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – Shopping For Funds will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Shopping For Funds as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Shopping For Funds specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by entering into this Agreement you and Shopping For Funds are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Shopping For Funds might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive the termination of your service with Shopping For Funds or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if Shopping For Funds makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Shopping For Funds to adhere to the language in this Provision if a dispute between us arises.
If you violate these Terms, Shopping For Funds may terminate and/or suspend your access to this Site without notice. Shopping For Funds prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Shopping For Funds, may result in immediate termination of your access to this Site. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except as provided in the “Dispute Resolution and Arbitration” Provision, any disputes relating to these Terms or this Site will be heard in the courts located in Ventura County, California. Except as provided in the “Dispute Resolution and Arbitration” Provision, if any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Shopping For Funds' failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Shopping For Funds and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Shopping For Funds about this Site. You shall not assign these Terms, in whole or in part, without Shopping For Funds' prior written consent. Shopping For Funds may assign these Terms, and Shopping For Funds' rights and obligations herein, without your prior written consent The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
If you have any questions about these Terms or otherwise need to contact Shopping For Funds for any reason, you can reach us at firstname.lastname@example.org